Department for Transport

Dartford-Thurrock Crossing: Tolls

lord lucas: To ask Her Majesty's Government how many penalty notices have been issued for non-payment of the Dart Charge; and what steps they intend to take, if any, to (1) inform motorists about how to pay, and (2) encourage compliance.

baroness sugg: During the period of 30 November 2014 to 31 December 2018, the total number of penalty charge notices issued for non-payment of the Dart Charge was 11,058,152. Highways England have a comprehensive signage strategy for road users, including use of advance directional signs, variable message signs and safety signs. This is reinforced by public information campaigns to inform drivers, both in the UK and overseas, about the payment arrangements and the road layout.

Seaborne Freight

lord berkeley: To ask Her Majesty's Government how much they have spent or committed, in staff and consultant costs, on work related to (1) their contract with Seaborne Freight, and (2) the dredging of Ramsgate harbour.

baroness sugg: The contract awarded to Seaborne was part of a broader procurement exercise to secure additional freight capacity after Brexit, wherein nine companies were approached and contracts were awarded to three. Due to the complexity of disaggregating the data from related contingency planning, the precise staff and consultancy time involved with Seaborne, and associated discussions on Ramsgate dredging, could be obtained only at disproportionate cost.

Ramsgate Port: Channel Ferries

baroness mcintosh of pickering: To ask Her Majesty's Government whether the contract to run a freight service between Ramsgate and Ostend was subject to an open tender process; and if not, which companies were invited to apply.

baroness sugg: The contract was let on a closed tender process under the extreme urgency provision in the Public Contracts Regulations 2015. However, the Department had approached a total of nine companies inviting expressions of interest in providing freight services.

Seaborne Freight

lord myners: To ask Her Majesty's Government which advisers were used by the Department of Transport to conduct due diligence on Arklow Shipping Limited in connection to the award of a shipping contract to Seabourne Freight; and whether any ministers or officials met representatives or agents of Arklow Shipping Limited as part of that process.

baroness sugg: Due diligence was undertaken for all three ferry freight contracts at a level proportionate to the Department's prospective contractual relations. In recognition that Seaborne Freight was a start-up business, the contract with Seaborne required them to provide evidence about its financial backers. In part because of the withdrawal of Arklow Shipping, Seaborne was unable to provide this evidence to satisfy these contractual milestones, contributing to Secretary of State’s decision unilaterally to terminate the contract.

Taxis: Greater London

lord hylton: To ask Her Majesty's Government what discussions they have had with Transport for London (TfL) about calling in mediators to resolve the dispute between TfL and London taxi drivers.

baroness sugg: Ministers and officials from the Department for Transport have regular discussions with the Mayor of London and Transport for London covering a variety of subjects including the operations of London taxis. There have been no conversations specifically about calling in mediators to resolve disputes between TfL and London taxi drivers.

Bus Services: Concessions

baroness randerson: To ask Her Majesty's Government what assessment they have made of the accuracy of estimates by the Local Government Association that there is a funding gap of £652 million for the provision of the concessionary bus fare scheme in England for older and disabled people; and what steps they will take to address this gap in the forthcoming spending review.

baroness sugg: The Department obtained a copy of the Local Government Association’s analysis when it was published by the Transport Select Committee on Wednesday 13 February. It is important that we consider this analysis in detail and clarify any assumptions made with the Local Government Association before we respond. The Transport Select Committee has asked the Department for a view on the LGA’s analysis and stated that it intends to publish the response. Funding to local authorities for the concessionary travel scheme in England is not provided in isolation, but as part of their Local Government Finance Settlement. This Formula Grant funding is not ring-fenced, which enables authorities to make spending decisions that more closely match local needs and circumstances.

Flybmi: Insolvency

lord myners: To ask Her Majesty's Government whatsteps they have taken to repatriate UK passengers stranded overseas by the collapse of Flybmi; and whether they intend to take action to minimise the cost of such repatriations to the UK taxpayer.

baroness sugg: The Department recognises that this is a disruptive time for passengers, and the government’s immediate priority is to support those affected. The Department of Transport is working closely with the Civil Aviation Authority (CAA) and the travel industry to ensure that the collapse of Flybmi is managed with minimal impact to affected passengers. Given the number of consumers affected, the CAA believes that there is sufficient capacity available in the market to repatriate passengers as necessary. The CAA has put in place comprehensive consumer advice to allow passengers to make their own travel arrangements. The majority of such passengers will be able to recover costs through their credit / debit card bookings, or from travel insurance. A significant number of affected passengers also hold tickets from other airlines who will be responsible for making alternative flights. The CAA has also received a strong positive response to its request to industry to make discounted rescue fares available, and details have been made available on the CAA website. These actions ensure that the cost of repatriation to the UK will not be borne by HMG and therefore UK taxpayers.

Cabinet Office

Public Sector: Billing

lord mendelsohn: To ask Her Majesty's Government who is responsible for auditing the payment performance data published by public authorities as required by sections 113(7) and 113(8) of the Public Service Contracts Regulations 2015; and what processes they use for such audits.

lord young of cookham: An error has been identified in the written answer given on 20 February 2019.The correct answer should have been:

Details of central government contracts above the value of £10,000 and wider public sector contracts above the value of £25,000 are published on Contracts Finder. Public procurement regulations do not contain requirements for public bodies to include auditing or whistleblowing policies in the operational delivery and management of public contracts.Public bodies in scope of these regulations are individually responsible for ensuring the accuracy of their own data prior to publication, and operate their own whistleblowing policies.The Government encourages whistleblowers to get independent advice (e.g. from Citizens Advice) to ensure that they are adequately protected.Public sector suppliers that have not been paid on time can raise the issue with the Public Procurement Review Service.

lord young of cookham: Details of central government contracts above the value of £10,000 and wider public sector contracts above the value of £25,000 are published on Contracts Finder. Public procurement regulations do not contain requirements for public bodies to include auditing or whistleblowing policies in the operational delivery and management of public contracts.Public bodies in scope of these regulations are individually responsible for ensuring the accuracy of their own data prior to publication, and operate their own whistleblowing policies.The Government encourages whistleblowers to get independent advice (e.g. from Citizens Advice) to ensure that they are adequately protected.Public sector suppliers that have not been paid on time can raise the issue with the Public Procurement Review Service.

Public Sector: Billing

lord mendelsohn: To ask Her Majesty's Government what provisions they have put in place for whistleblowing concerning payment performance data published by public authorities as required by sections 113(7) and 113(8) of the Public Service Contracts Regulations 2015.

lord young of cookham: Public procurement regulations do not contain requirements for public bodies to include auditing or whistleblowing policies in the operational delivery and management of public contracts.Public bodies in scope of these regulations are individually responsible for ensuring the accuracy of their own data prior to publication, and operate their own whistleblowing policies.The Government encourages whistleblowers to get independent advice (e.g. from Citizens Advice) to ensure that they are adequately protected.Public sector suppliers that have not been paid on time can raise the issue with the Public Procurement Review Service.

Written Questions

baroness smith of basildon: To ask Her Majesty's Government what advice and guidance is available to ministers about answering written parliamentary questions.

lord young of cookham: Guidance on responding to Parliamentary Questions, and details of ministerial responsibilities, can be found on Gov.uk. This guidance states that Ministers must:Adhere to the Ministerial CodeGive relevant information fully, as concisely as possible and in accordance with guidance on disproportionate cost.Not omit information sought merely because disclosure could lead to political embarrassment or administrative inconvenience.Provide an explanation if it is concluded that information should be withheld.Take care to avoid answers which are literally true but likely to give rise to misleading inferences.Provide responses to answers as follows:Named Day – on the day specifiedOrdinary Written – within 5 working daysHouse of Lords Written – within 10 working days

Attorney General

Sir Philip Green

lord myners: To ask Her Majesty's Government whether Sir Phillip Green or any company, trust or other entity associated with him, has obtained an injunction against Her Majesty's Government or any government departments, agencies or public bodies since May 2010; if so, when any such injunction was granted; and when it was withdrawn.

lord keen of elie: The Government Legal Department (GLD) conducts civil litigation on behalf of most government departments and many (but not all) executive agencies and non-departmental public bodies.GLD has no record of any injunctions obtained by Sir Philip Green, or any entity known by GLD to be connected with him, against any of the departments, agencies or bodies to which GLD provides litigation services.

Department for Education

Voluntary Schools

lord warner: To ask Her Majesty's Government what assessment they made of public opinion on the issue of religious selection in state schools during the process leading to their decision to fund new voluntary aided religious schools.

lord agnew of oulton: The department undertook an extensive series of activities as part of the Schools that Work for Everyone consultation to understand the variety of opinions relating to faith schools. Having considered the views of respondents, and a range of stakeholder views, the department decided to establish the voluntary-aided capital scheme alongside retaining the 50% cap in faith admissions in faith designated free schools. The statutory process for establishing new voluntary-aided schools has not changed. It remains possible for proposers of any faith or no faith to propose a new voluntary-aided school, and likewise the voluntary-aided capital scheme is open to bids from proposers of all faiths and none.

Ministry of Justice

Magistrates

lord beecham: To ask Her Majesty's Government what estimate they have made of the number of magistrates who will be eligible tosit as presiding justices in(1) family, (2) youth, and (3) adult criminal jurisdictions in each of the next five years.

lord keen of elie: No estimate has been made of the number of magistrates who will be eligible to sit as presiding justices in each of the next five years. The Justices of the Peace Rules 2016 provide that local Training Approval Authorisation and Appraisal Committees (TAAACs) shall be responsible for the authorisation of presiding justices. The TAAACs, which must act in accordance with the 2016 Rules and with good practice guidance issued on behalf of the Lord Chief Justice, may also stipulate further requirements that applicants must fulfil before they can be considered for selection, or may relax the requirements if there is a need to so. These eligibility decisions are therefore made locally by the TAAACs based upon need.

Magistrates: Recruitment

lord beecham: To ask Her Majesty's Government what is the maximum number of magistrates that each magistrate advisory committee in England and Wales can recruit each year.

lord keen of elie: The number of magistrates required for each local justice area is agreed annually by the judiciary, in consultation with HMCTS. There is no prescribed maximum number.

Offenders: Legal Aid Scheme

baroness mone: To ask Her Majesty's Government, further to the Written Answers by Lord Keen of Elie on 28 January (HL12983 and HL12985), whether they intend to publish a report into the provision of legal aid in cases where the individual has absconded; if so, when; and if not, why not.

lord keen of elie: As we have previously confirmed, the Government is looking carefully at the provision of legal aid in cases where the individual has absconded. The priority is to ensure the case can be concluded fairly and that victims, witnesses, and the public can see justice being done.

Ministry of Housing, Communities and Local Government

Empty Property: Security

baroness grender: To ask Her Majesty's Government whether the Homes (Fitness for Human Habitation) Act 2018 covers the rights of individuals who hold a licence as a property guardian.

lord bourne of aberystwyth: The Homes (Fitness for Human Habitation) Act 2018 will apply to any tenants occupying guardian properties on Assured Shorthold Tenancies. The provisions of the Act will not apply to people who hold licences to occupy; these individuals can contact their local authority if they are concerned about potential health and safety hazards. If these hazards are present, local authorities have tough enforcement powers that are not dependent on the type of tenancy or licence held.

Empty Property: Security

baroness grender: To ask Her Majesty's Government what guidance they have provided to local authorities about the inspection of propertiesoccupied by licensed property guardians that may be subject to house in multiple occupation licensing requirements.

baroness grender: To ask Her Majesty's Government what criteria would result in a property that is used as a dwelling by a property guardian licensee being designated as a house in multiple occupation.

lord bourne of aberystwyth: Whether or not a property is a house in multiple occupation (HMO) is set out in Part 2 of the Housing Act 2004, and this definition includes properties occupied under licence agreements. A property that is occupied by three or more people who are from more than one family and who share one or more basic amenity is an HMO, although there are some exemptions to this set out in Part 2 of the Act. HMOs with more than five tenants comprising two or more separate households are usually required to be licensed by the local authority, and local authorities can designate ‘Additional Licensing’ areas, where HMOs with fewer than five tenants are licensed if necessary.Detailed guidance for local authorities on the HMO licensing provisions in the Housing Act 2004 is available on the gov.uk website. This guidance covers all properties including those occupied by licensed property guardians. We are also undertaking a review of enforcement guidance for local authorities on private rented sector enforcement. We expect to publish this guidance by the end of March, and to deliver training for all local authorities in March and April.

Controlling Migration Fund

lord hylton: To ask Her Majesty's Government how much of the Controlling Migration Fund has been spent to date; and what estimate they have made of when the total Fund will be spent.

lord bourne of aberystwyth: The Controlling Migration Fund opened in November 2016 with the aim of easing pressures on local services linked to recent migration and providing targeted immigration enforcement activity.Until 2020 the Ministry of Housing, Communities and Local Government (MHCLG) has contributed £100 million of funding, with the Home Office contributing £40 million worth of enforcement activity.To date the MHCLG element of the fund has approved £73.6 million for projects covering tackling rogue landlords; building cohesion and integration within communities; supporting learning of English language; building capacity to support unaccompanied asylum seeking children; establishing Local Authority Asylum Support Liaison Officers to help new refugees transition from government-funded support into mainstream society and a Modern Day Slavery pilot in 6 local authorities to support the transition process of victims leaving safe houses.The deadline for applications to the final round of the MHCLG element of the programme was 1 October last year. We received 149 bids from local authorities for the remaining £26.4 million of available funding. We hope to announce our decisions on these applications soon.

Empty Property: Security

lord ouseley: To ask Her Majesty's Government what consideration they are giving to (1) regulating property guardianship, (2) curbing the practice of housing low-income workers in sub-standard, unsafe and unsanitary living conditions, and (3) reclassifying property guardianship under the regulatory framework applicable to houses in multiple occupation.

lord bourne of aberystwyth: The Department is reviewing guidance for current and prospective guardians, to ensure it is as clear and useful as possible.Officials are also currently reviewing and refreshing the guidance to local authorities on their enforcement powers, including property guardianships. Under the Housing Act 2004, local authorities have a legal duty to keep the housing conditions in their area under review and identify any action that may need to be taken. Electrical safety, gas safety and fire safety requirements apply to all private rented sector properties, including guardian properties. The Housing Health & Safety Rating System (HHSRS) can be used to assess hazards in residential premises including those let to property guardians and applies to all parts of a building that are occupied as a dwelling. If a local authority identifies a serious ‘category 1’ hazard, they have a duty to take action and have the power to take action to address ‘category 2’ hazards.Whether or not a property is a house in multiple occupation (HMO) is set out in the Housing Act 2004, and this definition can include guardian properties occupied by tenants who hold licences, provided the property being occupied meets one of the HMO tests set out in Section 254 of the Act. There are no plans to change this classification.

Department for Exiting the European Union

Borders: Northern Ireland

lord bassam of brighton: To ask Her Majesty's Government what consideration they have given to tariffs on imports and exports across the border between Northern Ireland and the Republic of Ireland in the event of a no-deal Brexit.

lord callanan: We are committed to upholding the Belfast Agreement and will do everything in our power to avoid a hard border between Northern Ireland and Ireland. We recognise that we would need to take forward discussions with the Irish Government and the Commission in the event of a no deal on the best way to avoid a hard border.

Import Duties

baroness mcintosh of pickering: To ask Her Majesty's Government what discussions they have had with (1) car manufacturers, (2) bricks, tiles and ceramics manufacturers, and (3) farmers and the food industryconcerning the impact of the absence of tariffs on those groups in the event that the UK leaves the EU without a deal.

lord callanan: Ministers engage broadly with each of these sectors, including via government-led sector councils with the farming and food sector, regular meetings of the Automotive Council and roundtables with the manufacturing organisation EEF that include bricks, tiles and ceramics manufacturers. In the discussions, we engage on priority issues for each sector.We are working to develop the UK’s independent tariff policy in accordance with the provisions contained within the Taxation (Cross-border Trade) Act. We are looking at a full spectrum of options for tariffs post EU Exit and will consider carefully the evidence available to us before making a final decision in the interests of UK industry and consumers.The Government is committed to an open and liberal economy that works for everyone, offering protection from possible price impacts of a no deal scenario and avoiding exposure to unfair competition.

Manufacturing Industries: Republic of Ireland

lord pearson of rannoch: To ask Her Majesty's Government what assessment they have made, as part of the Brexit negotiations, of the number of (1) UK manufacturing jobs which depend on exports to customers inthe Republic of Ireland, and (2) manufacturing jobs inthe Republic of Irelandwhich depend on exports to customers in the UK.

lord callanan: The Organisation for Economic Co-operation and Development (OECD) estimates that in 2011 around 38,800 manufacturing jobs in the UK were linked to exports to the Republic of Ireland, and around 34,500 manufacturing jobs in the Republic of Ireland were linked to exports to the UK. The dataset can be found at the following link: https://stats.oecd.org/Index.aspx?DataSetCode=TIM2015_C1The Political Declaration sets out the framework for a future relationship that delivers in our national interest, including protecting jobs in the United Kingdom. Both the UK and the EU envisage comprehensive arrangements that would create a free trade area, combining deep regulatory and customs cooperation with zero tariffs, no fees, charges or quantitative restrictions across all goods sectors. This would in turn protect integrated supply chains and jobs, both in the UK and the EU.

UK Membership of EU

lord saatchi: To ask Her Majesty's Government what assessment they have made of (1) the proposals of the Lead Not Leave campaign, in particular to move from debating terms for leaving the EU to terms for remaining in the EU, and (2) the potential benefits of the UK remaining in the EU on the basis of guarantees of constitutional and institutional reform of the EU.

lord callanan: The Government’s policy is to work with Parliament to deliver a deal that ensures we leave the European Union, as planned, on March 29th.Revoking Article 50 would not only betray the vote of the British people in the 2016 referendum, but it would betray the mandates on which the majority of MP’s were elected into Parliament.The British people gave a clear instruction to leave and we are delivering on that instruction.

Borders: Northern Ireland

lord bassam of brighton: To ask Her Majesty's Government, further to the Written Answer byLord Callanan on 13 February (HL13277), what assessment they have made of the potential technological solutions for ensuring no hard border of the island of Ireland following the UK's departure from the EU; and whether they will publish details of any such assessment.

lord callanan: The Prime Minister in her 5 February speech in Belfast reaffirmed the UK Government commitment to delivering a Brexit that ensures no return to a hard border between Northern Ireland and Ireland, including any physical infrastructure or related checks and controls. While technology could play a part in this, and alternative arrangements are being looked at, these must be ones that can be made to work for the particular circumstances of Northern Ireland.

Department for International Trade

Import Duties

baroness neville-rolfe: To ask Her Majesty's Government what plans they have for tariffs in the event of a no-deal Brexit; and what assessment they have made of the impact of zero tariffs on (1) the UK’s industrial and agricultural sectors, and (2) the UK’s ability to negotiate a successful deal with the EU.

baroness fairhead: The Government’s policy is to leave the EU with a deal. Of course, any responsible Government plans for any eventuality and final decisions are now being taken on how to apply tariffs in the event of a no deal outcome. The Government is clear these will need to balance between protecting consumers and downstream users from the possible price impacts of a no deal scenario and avoiding the exposure of industries to unfair competition. Once a final decision is made on what is market sensitive information, we will communicate the decision to stakeholders and the public in an appropriate way.

Department for Digital, Culture, Media and Sport

Data Protection: EU Law

lord evans of weardale: To ask Her Majesty's Government, further to the reply byLord Ashton of Hyde on 5 June 2018 (HL Deb, col 1227), what assessment they have made of the impact of General Data Protection Regulation compliance on small charities.

lord evans of weardale: To ask Her Majesty's Government what assessment they have made, or intend to make, of the benefits of applying the provisions of the General Data Protection Regulation to small charities in the UK.

lord ashton of hyde: The Government recognises the challenges facing organisations across the UK, especially charities, to comply with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018. We take the protection and privacy of personal data extremely seriously. We have made it clear that all organisations, especially the biggest global tech firms who process vast amounts of personal data, must comply with the UK’s Data Protection Act 2018.  This is why the Information Commissioner’s Office has published a range of user-friendly material on the GDPR on its website and has also set up a dedicated phone line for small organisations and charities. No formal review has been made since the new data protection rules came into force on 25 May 2018. The annual Cyber Security Breaches Survey will contain data on charities' awareness of the General Data Protection Regulation, and the changes they have made in response to its introduction. The results of the survey are expected to be published in spring 2019.